                                 CODE OF VIRGINIA

INVOLUNTARY TEMPORARY DETENTION; ISSUANCE AND EXECUTION OF ORDER (§ 16.1-340.1)

A. A magistrate shall issue, upon the sworn petition of a minor&#8217;s treating
physician or parent or, if the parent is not available or is unable or unwilling
to file a petition, by any responsible adult, including the person having
custody over a minor in detention or shelter care pursuant to an order of a
juvenile and domestic relations district court, or upon his own motion and only
after an evaluation conducted in-person or by means of a two-way electronic
video and audio communication system as authorized in &#xA7; 16.1-345.1 by an
employee or designee of the local community services board to determine whether
the minor meets the criteria for temporary detention, a temporary detention
order if it appears from all evidence readily available, including any
recommendation from a physician, clinical psychologist, clinical social worker,
or licensed professional counselor treating the person, that (i) because of
mental illness, the minor (a) presents a serious danger to himself or others to
the extent that severe or irremediable injury is likely to result, as evidenced
by recent acts or threats, or (b) is experiencing a serious deterioration of his
ability to care for himself in a developmentally age-appropriate manner, as
evidenced by delusionary thinking or by a significant impairment of functioning
in hydration, nutrition, self-protection, or self-control; and (ii) the minor is
in need of compulsory treatment for a mental illness and is reasonably likely to
benefit from the proposed treatment. The magistrate shall also consider the
recommendations of the minor&#8217;s parents and of any treating or examining
physician licensed in Virginia if available either verbally or in writing prior
to rendering a decision. To the extent possible, the petition shall contain the
information required by &#xA7; 16.1-339.1. Any temporary detention order entered
pursuant to this section shall be effective until such time as the juvenile and
domestic relations district court serving the jurisdiction in which the minor is
located conducts a hearing pursuant to subsection B of &#xA7; 16.1-341. Any
temporary detention order entered pursuant to this section shall provide for the
disclosure of medical records pursuant to subsection B of &#xA7; 16.1-337. This
subsection shall not preclude any other disclosures as required or permitted by
law.

B. When considering whether there is probable cause to issue a temporary
detention order, the magistrate may, in addition to the petition, consider (i)
the recommendations of any treating or examining physician, psychologist,
clinical social worker, or licensed professional counselor licensed in Virginia,
if available, (ii) any past actions of the minor, (iii) any past mental health
treatment of the minor, (iv) any relevant hearsay evidence, (v) any medical
records available, (vi) any affidavits submitted, if the witness is unavailable
and it so states in the affidavit, and (vii) any other information available
that the magistrate considers relevant to the determination of whether probable
cause exists to issue a temporary detention order.

C. A magistrate may issue a temporary detention order without an emergency
custody order proceeding. A magistrate may issue a temporary detention order
without a prior evaluation pursuant to subsection A if (i) the minor has been
personally examined within the previous 72 hours by an employee or designee of
the local community services board or (ii) there is a significant physical,
psychological, or medical risk to the minor or to others associated with
conducting such evaluation.

D. An employee or designee of the local community services board shall determine
the facility of temporary detention in accordance with the provisions of &#xA7;
16.1-340.1:1 for all minors detained pursuant to this section. An employee or
designee of the local community services board may change the facility of
temporary detention and may designate an alternative facility for temporary
detention at any point during the period of temporary detention if it is
determined that the alternative facility is a more appropriate facility for
temporary detention of the minor given the specific security, medical, or
behavioral health needs of the minor. In cases in which the facility of
temporary detention is changed following transfer of custody to an initial
facility of temporary detention, transportation of the minor to the alternative
facility of temporary detention shall be provided in accordance with the
provisions of &#xA7; 16.1-340.2. The initial facility of temporary detention
shall be identified on the preadmission screening report and indicated on the
temporary detention order; however, if an employee or designee of the local
community services board designates an alternative facility, that employee or
designee shall provide written notice forthwith, on a form developed by the
Executive Secretary of the Supreme Court of Virginia, to the clerk of the
issuing court of the name and address of the alternative facility. Subject to
the provisions of &#xA7; 16.1-340.1:1, if a facility of temporary detention
cannot be identified by the time of the expiration of the period of emergency
custody pursuant to &#xA7; 16.1-340, the minor shall be detained in a state
facility for the treatment of minors with mental illness and such facility shall
be indicated on the temporary detention order. Except for minors who are
detained for a criminal offense by a juvenile and domestic relations district
court and who require hospitalization in accordance with this article, the minor
shall not be detained in a jail or other place of confinement for persons
charged with criminal offenses and shall remain in the custody of law
enforcement until the minor is either detained within a secure facility or
custody has been accepted by the appropriate personnel designated by either the
initial facility of temporary detention identified in the temporary detention
order or by the alternative facility of temporary detention designated by the
employee or designee of the local community services board pursuant to this
subsection.

E. Any facility caring for a minor placed with it pursuant to a temporary
detention order is authorized to provide emergency medical and psychiatric
services within its capabilities when the facility determines that the services
are in the best interests of the minor within its care. The costs incurred as a
result of the hearings and by the facility in providing services during the
period of temporary detention shall be paid and recovered pursuant to &#xA7;
37.2-804. The maximum costs reimbursable by the Commonwealth pursuant to this
section shall be established by the State Board of Medical Assistance Services
based on reasonable criteria. The State Board of Medical Assistance Services
shall, by regulation, establish a reasonable rate per day of inpatient care for
temporary detention.

F. The employee or designee of the local community services board who is
conducting the evaluation pursuant to this section shall determine, prior to the
issuance of the temporary detention order, the insurance status of the minor.
Where coverage by a third party payor exists, the facility seeking reimbursement
under this section shall first seek reimbursement from the third party payor.
The Commonwealth shall reimburse the facility only for the balance of costs
remaining after the allowances covered by the third party payor have been
received.

G. The duration of temporary detention shall be sufficient to allow for
completion of the examination required by &#xA7; 16.1-342, preparation of the
preadmission screening report required by &#xA7; 16.1-340.4, and initiation of
mental health treatment to stabilize the minor&#8217;s psychiatric condition to
avoid involuntary commitment where possible, but shall not exceed 96 hours prior
to a hearing. If the 96-hour period herein specified terminates on a Saturday,
Sunday, legal holiday, or, if the minor has been admitted to a facility of
temporary detention, day or part of a day on which the clerk&#8217;s office is
lawfully closed, the minor may be detained, as herein provided, until the close
of business on the next day that is not a Saturday, Sunday, legal holiday, or,
if the minor has been admitted to a facility of temporary detention, day or part
of a day on which the clerk&#8217;s office is lawfully closed. The minor may be
released, pursuant to &#xA7; 16.1-340.3, before the 96-hour period herein
specified has run.

H. If a temporary detention order is not executed within 24 hours of its
issuance, or within a shorter period as is specified in the order, the order
shall be void and shall be returned unexecuted to the office of the clerk of the
issuing court or, if the office is not open, to any magistrate serving the
jurisdiction of the issuing court. Subsequent orders may be issued upon the
original petition within 96 hours after the petition is filed. However, a
magistrate must again obtain the advice of an employee or designee of the local
community services board prior to issuing a subsequent order upon the original
petition. Any petition for which no temporary detention order or other process
in connection therewith is served on the subject of the petition within 96 hours
after the petition is filed shall be void and shall be returned to the office of
the clerk of the issuing court.

I. For purposes of this section, a health care provider or an employee or
designee of the local community services board shall not be required to encrypt
any email containing information or medical records provided to a magistrate
unless there is reason to believe that a third party will attempt to intercept
the email.

J. The employee or designee of the local community services board who is
conducting the evaluation pursuant to this section shall, if he recommends that
the minor should not be subject to a temporary detention order, inform the
petitioner and an on-site treating physician of his recommendation.

K. Each community services board shall provide to each juvenile and domestic
relations district court and magistrate&#8217;s office within its service area a
list of employees and designees who are available to perform the evaluations
required herein.

HISTORY: 2010, cc. 778, 825; 2014, cc. 691, 773; 2018, c. 20; 2020, c. 945;
2022, c. 509; 2023, c. 636.